FLR(M) Refusal and Consent Order!!

[Nafsuk]

Hi everyone !

I applied FLR ( M ) and was refused . My immigration story below;
Spouse visa expire date - 20 January 2018
Applied Flr(m) extension - 5 January 2018.
Home office refused date - 24 March 2018
As other attempt of review also was refused, sent permission for JR and was given permission on papers.

Now Received a letter from GLD solicitor with consent order to withdraw JR saying home office will reconsider original decision.

The letter says ''Home Office considers your claim is now academic'' .

Please explain what does this statement mean ? will it be a good news for me .?

I will appreciate replies.

[Obie]

Why did they refuse initially?

Are they prepared to pay your cost?

[Nafsuk]

Thanks for your reply Obie !

Yes ! there are wordings as to Cost . The consent order says ;

.By CONSENT , its ordered that ;

''The respondent do pay the Applicant's reasonable costs of this Judicial review, to be assessed , if not agreed. ''

Can I demand Full Cost ( from PAP ) in this case ?
Please explain ' claim is now academic''.

[CR001]

Pls answer obies first question on why flr m was refused.

[bathanza]

Thanks for your reply Obie !

Yes ! there are wordings as to Cost . The consent order says ;

.By CONSENT , its ordered that ;

''The respondent do pay the Applicant's reasonable costs of this Judicial review, to be assessed , if not agreed. ''

Can I demand Full Cost ( from PAP ) in this case ?
Please explain ' claim is now academic''.

Academic means that they know what you have put out in JR is likely to succeed, so rather than incurring more costs for the Home Office to pursue this forward, they will withdraw and re-look at your original application.

Whatever was put in the original terms of consent and reasonable costs you'll get.

If you went through a solicitor you can get that entire cost back plus court fees etc.

Basically, in normal people's talk - The Home Office made a mistake by refusing your application (JR pointed out error of law) and they will re-look at it.

Well done for going this far

[Nafsuk]

Academic means that they know what you have put out in JR is likely to succeed, so rather than incurring more costs for the Home Office to pursue this forward, they will withdraw and re-look at your original application.

Whatever was put in the original terms of consent and reasonable costs you'll get. If you went through a solicitor you can get that entire cost back plus court fees etc. Basically, in normal people's talk - The Home Office made a mistake by refusing your application (JR pointed out error of law) and they will re-look at it.

Well done for going this far

Thank you very much for your detailed response.

yes, we pointed out some err of law and put arguments that the decision was irrational.

I read some member's post with regard to withdrawing JR and signing consent order in which they wrote that HO refused again even after signed consent order. some with right of appeal some not.

I am bit afraid of re refusal after I sent signed consent order. Will HO re-refuse even though they said ' claim is now academic ' ?

[bathanza]

You can't do anything but to wait, stay positive

[vinny]

Pls answer obies first question on why flr m was refused.

[Nafsuk]

You can't do anything but to wait, stay positive

hi..

Signed consent order and sent to Court. Received sealed consent order from UT.

If I change my solicitor now, is it possible to get costs including new solicitor's fees even after sealed consent order ?

[Londoner007]

He obviously does not want to say why he was refused.